Archive for June 11th, 2008

Detention comparisons spark row – BBC News

“A row has broken out between ministers and civil liberties groups over how Britain compares with other countries on pre-charge detention times.”

Full story

BBC News, 11th June 2008

Source: www.bbc.co.uk

Secret anti-terror documents ‘left on train’ – The Independent

“A police investigation has been launched after secret Government documents were left on a train, it was confirmed today.”

Full story

The Independent, 11th June 2008

Source: www.independent.co.uk

Battle against extending pre-charge detention moves to House of Lords – Liberty

“Human rights group Liberty said the battle against the Government’s Counter-Terror Bill proposals to detain suspects for 42 days without charge will now be taken up in the House of Lords. Narrowly passed in the House of Commons today (315-306), the controversial proposals have generated widespread concern about the negative impact on civil liberties and community relations.”

Press release

Liberty, 11th June 2008

Source: www.liberty-human-rights.org.uk

Brown wins crunch vote on 42 days – BBC News

“Prime Minister Gordon Brown has narrowly won a House of Commons vote on extending the maximum time police can hold terror suspects to 42 days.”

Full story

BBC News, 11th June 2008

Source: www.bbc.co.uk

Bar regulator ushers in new disciplinary code – Legal Week

“Barristers found guilty of professional misconduct could see fines of up to £15,000 and be ordered to take a professional ethics test under new sentencing options set to be made available to disciplinary tribunals.”

Full story

Legal Week, 11th June 2008

Source: www.legalweek.com

Life Sentence Review Commissioners v Doherty (Secretary of State for Northern Ireland intervening) – WLR Daily

Life Sentence Review Commissioners v Doherty (Secretary of State for Northern Ireland intervening) [2008] UKHL 33; [2008] WLR (D) 187

“The standard of proof to be established when the Life Sentence Review Commissioners were considering whether a prisoner who had served the tariff on his life sentence should be released, was the civil standard of the balance of probabilities.”

WLR Daily, 11th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re B (Minors) (Sexual Abuse: Standard of Proof) – WLR Daily

In re B (Minors) (Sexual Abuse: Standard of Proof) [2008] UKHL 35; [2008] WLR (D) 186

“The standard of proof to be applied when establishing the threshold for making a care order under s 31(2) or the welfare considerations under s 1 of the Children Act 1989 was the simple balance of probabilities and neither the seriousness of the allegations nor the seriousness of the consequences should make any difference to the standard of proof in determining the facts.”

WLR Daily, 11th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Smith) v Crown Court at Snaresbrook – WLR Daily

R (Smith) v Crown Court at Snaresbrook [2008] EWHC 1282 (Admin); [2008] WLR (D) 185

“The only criterion for the making of an order under s 5(4) of the Anti-social Behaviour Act 2003 extending the period of a closure order was whether the extension was necessary to prevent the occurrence of disorder or serious nuisance.”

WLR Daily, 11th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Masri v Consolidated Contractors International Co SAL and another (No 3) – WLR Daily

Masri v Consolidated Contractors International Co SAL and another (No 3) [2008] EWCA Civ 625; [2008] WLR (D) 184

“The English court had power over persons properly subject to its in personam jurisdiction to make ancillary orders in protection of its jurisdiction and its processes, including the integrity of its judgments. The power was a discretionary one to be exercised in accordance with the requirements of international comity.”

WLR Daily, 9th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Virgin Media Communications Ltd and others v British Sky Broadcasting Group plc and another – WLR Daily

Virgin Media Communications Ltd and others v British Sky Broadcasting Group plc and another [2008] EWCA Civ 612; [2008] WLR (D) 183

“It was desirable that a litigant should be free to instruct the lawyer of his choice, particularly if that lawyer were already acting for him and he wished the lawyer to continue to act in a related matter. It was hard to conceive of circumstances where the fact that documents had been disclosed to lawyers acting for a party in one set of proceedings would preclude those lawyers from acting in other proceedings between the same parties.”

WLR Daily, 9th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Explaining attitudes towards the justice system in the UK and Europe – Ministry of Justice

“The aim of this study was to analyse what determines citizens’ confidence in the justice system, by framing levels of confidence in the wider European context. It asks whether levels of confidence reflect simply the performance of the justice system, or are shaped by other factors, such as personal characteristics or attitudes towards public institutions. This research therefore focuses on the broader societal context of these attitudes, and on the opinions of citizens in general, rather than just those of users of the justice system.”

Full story

Ministry of Justice, 11th June 2008

Source: www.justice.gov.uk

Three imprisoned in first OFT criminal prosecution for bid rigging – Office of Fair Trading

“Three UK businessmen were today sentenced to imprisonment for between two and a half to three years for cartel offences. All three were also disqualified from acting as company directors for periods of between five and seven years. These are the first ever convictions for a cartel offence since criminal prosecution powers were given to the OFT under the Enterprise Act.”

Full story

Office of Fair Trading, 11th June 2008

Source: www.oft.gov.uk

Recent Statutory Instruments – OPSI

MS sufferer wins assisted suicide challenge – The Independent

“A multiple sclerosis sufferer won permission today to bring a High Court challenge to clarify the law on assisted suicide.”

Full story

The Independent, 11th June 2008

Source: www.independent.co.uk

BAILII: Recent Decisions

Law Soc backs Pakistani lawyers’ street protest – The Lawyer

“The Law Society has repeated its call for the rule of law to be upheld in Pakistan to protect the country’s lawyers and judges.”

Full story

The Lawyer, 11th June 2008

Source: www.thelawyer.com

Injured soldier wins pay review – BBC News

“The compensation paid to a soldier badly injured in Afghanistan will be reviewed, the government has said.”

Full story

BBC News, 11th June 2008

Source: www.bbc.co.uk

Wife of July 21 terror plotter found guilty – The Guardian

“The wife of the attempted suicide bomber Hussain Osman has been found guilty of failing to tell the police about his plan to cause ‘carnage and mass murder’ on London’s underground.”

Full story

The Guardian, 11th June 2008

Source: www.guardian.co.uk

Product placement: UK to oppose European Union directive – The Guardian

“The culture secretary, Andy Burnham, said today that the British government would not accept the European Union directive allowing product placement on UK television.”

Full story

The Guardian, 11th June 2008

Source: www.guardian.co.uk

Social care law change in prospect – The Guardian

“The Law Commission today holds out the prospect of the first comprehensive reform of social care law for more than half a century. Announcing a formal review of what it calls ‘a confusing patchwork of conflicting statutes’, the commission says it aims to recommend a more coherent structure – preferably in the form of a single act of parliament.”

Full story

The Guardian, 11th June 2008

Source: www.guardian.co.uk

Counter Terrorism Bill Debate (Video)

Watch the Commons debate the Counter-Terrorism Bill from 12.30pm today.

Link to video

Source: www.parliament.uk

House of Lords Judgments: What’s New?

Iraq refugees coralled as Home Office asylum net widens – The Guardian

“More than 60 failed asylum seekers from Iraq have been rounded up by the UK Borders Agency in the past few days under what appears to be an accelerated programme of forced deportations.”

Full story

The Guardian, 11th June 2008

Source: www.guardian.co.uk

A New Programme of Law Reform 2008 – Law Commission

Tenth Programme of Law Reform (PDF)

Law Commission, 10th June 2008

Source: www.lawcom.gov.uk

Jessica de Grazia Full Report into the Serious Fraud Office – Attorney General’s Office

Review of the Serious Fraud Office: Final Report, June 2008 (PDF)

Attorney General’s Office, 10th June 2008

Source: www.attorneygeneral.gov.uk

New prisoners’ employment training initiative launched – Ministry of Justice

“An innovative scheme which will give prisoners the chance to change their ways by learning technology skills has been launched by Prisons Minister David Hanson MP and Skills Minister David Lammy MP. The initiative is also supported by the Department for Work and Pensions.”

Full story

Ministry of Justice, 10th June 2008

Source: www.justice.gov.uk

Virgin Media Communications Ltd and Others v British Sky Broadcasting Group plc and Another – Times Law Reports

Virgin Media Communications Ltd and Others v British Sky Broadcasting Group plc and Another

Court of Appeal

“It was desirable that a litigant should be free to instruct the lawyer of his choice, particularly if that lawyer was already acting for the litigant who wished him to act in a related manner. It was hard to conceive of circumstances where the fact that documents had been disclosed to lawyers acting for a party in one set of proceedings would preclude those lawyers from acting in other proceedings between the same parties.”

The Times, 11th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Prenuptial deals could be made legally binding – The Guardian

“Prenuptial agreements could become legally binding in England and Wales within a few years, under plans being considered by the Law Commission.”

Full story

The Guardian, 11th June 2008

Source: www.guardian.co.uk

Post Office court victory for 73-year-old disabled woman – Daily Telegraph

“A disabled woman in her 70s has saved her local post office from closure after winning a High Court battle that could see other condemned branches around the country being given a stay of execution.”

Full story

Daily Telegraph, 10th June 2008

Source: www.telegraph.co.uk

Mother is banned from breast-feeding in surgery over health and safety concerns – Daily Telegraph

“A mother was told she could not breast-feed her baby in a doctor’s surgery, because it was in breach of health and safety rules.”

Full story

Daily Telegraph, 10th June 2008

Source: www.telegraph.co.uk

Church woman ‘bullied gay worker’ – BBC News

“A gay church worker claims he was bullied out of his job by a manager who ‘would say something about gay sex every day’.”

Full story

BBC News, 10th June 2008

Source: www.bbc.co.uk

Legal Opinion: Forty-two days exposes Brown’s cold expediency – The Independent

“Today is crunch time for the Prime Minister and his plan to lock up terror suspects for 42 days without charge. Robert Verkaik, Law Editor, surveys the battle lines.”

Full story

The Independent, 11th June 2008

Source: www.independent.co.uk

Half of young violent offenders spared prison – Daily Telegraph

“More than half of young people who are found guilty of sex or violent offences are spared jail, figures show.”

Full story

Daily Telegraph, 10th June 2008

Source: www.telegraph.co.uk

MS woman begins right-to-die bid – BBC News

“A woman with multiple sclerosis is due to ask the High Court to clarify the law on suicide.”

Full story

BBC News, 11th June 2008

Source: www.bbc.co.uk

Injured soldier fights pay award – BBC News

“A soldier who was badly injured in Afghanistan will have his case for more compensation heard in a public debate at the House of Commons later.”

Full story

BBC News, 11th June 2008

Source: www.bbc.co.uk

‘It really is psychological torture’ – The Guardian

“With MPs voting today on a new, 42-day detention limit for terror suspects, Lee Glendinning spoke to a 23-year-old student about what it is like to be detained under the existing terrorism legislation.”

Full story

The Guardian, 11th June 2008

Source: www.guardian.co.uk

42-day concession to be offered – BBC News

“The government is expected to offer a last-minute compensation deal to help push the 42-day detention plan through.”

Full story

BBC News, 10th June 2008

Source: www.bbc.co.uk


 

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